2. Road-76th Ave and County 17 JPA with Horace

JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (the “Agreement”) is made and entered into this day of , 2019, (the “Effective Date”), by and between the City of Horace, a North Dakota political subdivision (the “City”); and Cass County, a political subdivision and Home Rule County of North Dakota (the “County”) (collectively, the “parties”). WHEREAS, the City, in an effort to promote safe and efficient travel, desires to construct improvements to 76th Avenue South (“76th Avenue”) including a roundabout on Cass County Highway 17 (“County 17”); and WHEREAS, the City owns, operates, maintains, improves, and has the authority to reconstruct 76th Avenue east of County 17; and WHEREAS, the County owns, operates, maintains, improves, and has the authority to reconstruct County 17 and its intersection with 76th Avenue; and WHEREAS, the City and the County agree that it is in the best interest of both parties to cooperate together to reconstruct and improve portions of County 17 and 76th Avenue to promote safe and efficient travel for the residents of the City of Horace and those traveling on the respective road systems; and WHEREAS, under N.D.C.C. § 54-40.3-01, the City and the County have the authority to enter into joint powers agreements to provide for the cooperative administration of a project, and the parties desire to enter into this Agreement to provide the parties’ duties and obligations regarding the development, design, financing, funding, construction, operation, and maintenance of the road improvement project. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: 1. Purpose. The purpose of this project is to promote the safe and efficient travel of residents in the City of Horace. The City and the County desire to cooperate in the joint development, design, financing, funding, and construction of a roundabout located at the intersection of County 17 and 76th Avenue and to reconstruct and improve portions of 76th Avenue by paving the street and adding additional lanes to increase traffic flow (the “Project”). The parties agree the Project is necessary to ensure the efficient control of traffic along County 17 and 76th Avenue. 2. The City’s Obligations. The City will perform the following regarding the Project: a) Assist the County with development and design of the Project, subject to approval by the County. b) Obtain all necessary permits, licenses, registrations, and approvals from all applicable federal, state, and other applicable government entities regarding the Project.